Arizona Estate Planning Laws

Hello, I’m Mark Bregman, an Arizona estate planning and probate attorney since 1979. Clients hire me because I provide them with a high degree of comfort by explaining the different ways they can plan an estate, and then following through by creating a comprehensive plan using documents that help them avoid a guardianship, conservatorship, and probate, and the advice appropriate to help them and their loved ones achieve their expectations. I stay in contact with my clients and make sure their plans will be effective when most needed. This is the most popular reason clients hire me. What differentiates me from other attorneys is that I have spent many years developing and updating the provisions I use in creating trusts, wills, powers of attorney, and living wills designed to provide maximum protection for my clients, their families, and their hard earned wealth. I listen to my clients and convey difficult, non-intuitive concepts in a way that is easily understood. I begin by collecting information that induces prospective clients to think about what is important to them so that when we meet, I can listen to them tell me about themselves, their values, their families, and their intentions. I recognize that their wealth is also important to clients with little money. Every family has issues that should be discussed so that the client can choose his or her own way of dealing with their own family dynamics I can provide inexpensive and easy solutions using beneficiary deeds, POD accounts, and beneficiary designations to pass assets without using a trust or a probate, if it’s not necessary. Most of my clients are referred by financial advisors and satisfied clients who already trust me. I asked my clients to put aside their pre-conceived ideas of what they want and instead, focus on whether they like me. Not all lawyers are for all clients. I can’t write poetry or solve quadratic equations and I certainly can’t do the work most of my clients do, but I can create great estate plans. If you would like to work with me and my team, please give me a call at (480) 945-9131.

By: Attorney Mark Bregman

Guardianship in Scottsdale, Arizona

I want to speak to you today regarding what a guardianship is with respect to estate planning in the state of Arizona. A guardianship consists of a court appointment of a person or entity to care for or make personal decisions for a child who is younger than 18 years of age, or an adult who is incapacitated, or otherwise unable to care for themselves, due to a mental or physical disability.

The Ward & Guardian

The person for whom a guardian is appointed is referred to as the ward. Any person, subject to court approval, may be appointed by the court to accept the responsibility of being a guardian for a ward. With respect to minor children, the court’s decision regarding who to appoint as a child’s guardian will be based upon what the court finds to be in the best interest of that child.

Any individual seeking to be appointed a guardian of a ward must disclose background information, including prior criminal convictions, as well as other information the court may request before appointing that guardian. Please feel free to contact the attorneys at Hildebrand Law if you have any questions regarding the appointment of a guardian in your case.

By: Chris Hildebrand

Medical Power of Attorney

I want to speak to you today regarding what a medical power of attorney is in the state of Arizona. A medical power of attorney is a legal document allowing a person to designate another person to make medical decisions on their behalf in the event they are incapacitated and unable to make those decisions for themselves.

Duration

A medical power of attorney is effective until it is subsequently revoked, upon any expiration date set forth in the document, or upon the person’s recovery from the condition that rendered him or her unable to make their own medical decisions. The patient’s physician makes a determination whether a person is or is not incapacitated for the purpose of determining if the patient or the person designated in the health care power of attorney will be authorized to make medical decisions.

Please feel free to contact the attorneys at Hildebrand Law if you have any other questions regarding a medical power of attorney in Arizona.

By: Chris Hildebrand

How to Avoid Probate in Scottsdale

I want to speak to you today regarding how you may avoid probate in the state of Arizona. Since probate is a legal proceeding, lawyers may be retained to represent heirs of the person appointed to manage the person’s estate. Avoiding probate therefore, will likely save the estate and parties the attorneys fees and other costs incurred in a probate case.

Estate Planning

A properly executed estate plan, including a properly executed trust, funded with all of your property and appointing an executor to manage your estate will in most cases avoid the need for your heirs to be involved in a probate action in Arizona. Please feel free to contact the attorneys at Hildebrand Law, if you have any other questions on ways to avoid a probate in Arizona.

By: Chris Hildebrand

In the event a person does not create an estate plan and nominates someone to make decisions regarding their housing, living situation, and health care, the state of Arizona has setup what is called a guardianship. A guardianship is a legal court proceeding where the person that is going to take over has to go down and file a petition with the court to obtain the legal authority to make these types of decisions for you. If the court approves the person that is applying to become your guardian, the court will issue an order granting them that authority. Many times, particularly if you have more than one child, a guardianship proceeding can become a contested matter because your children may each have their own idea of what is best for you in your later years. Unfortunately, these types of contested proceedings can cause family fights that ruin relationships and cause damage that never gets repaired. But, there is an easy way to avoid putting your family through all of this. If you have created your own estate plan, in that plan there will be a health care power of attorney that allows you to nominate who you want to make these decisions for you in the event that there is ever a time when you are unable. At Owens & Perkins, we strive to keep families together. Let us help you by preparing your estate plan so that you get to make your own decisions and have those decisions carried out. Id you would like to schedule a consultation to create, revise, or update an estate plan, or discuss the possible filing of a guardianship, please contact us at Owens & Perkins at (480) 994-8824.

If you are seeking a Guardianship in Arizona, please view this profile and submit a contact form.

By: Attorney Michelle Perkins

Typical estate planning documents include a living trust, a pour-over will, a living will, and powers of attorney for financial, health care, and mental health care decision-making. Tax planning, if needed, may include irrevocable trusts and asset protection may include LLCs, trusts, and careful planning. I’m Mark Bregman. Contact me at (480) 945-9131 to find out more about creating your own effective and affordable estate plan.

By: Attorney Mark Bregman

Living Wills in Scottsdale, Arizona

I want to speak to you today regarding what a living will is in the state of Arizona. A living will is a written statement containing a person’s directives as to the medical care they authorize, as well as the medical care they may refuse in the event they are ever incapacitated and unable to express their desires regarding that medical care.

Health Care Power of Attorney

People usually also create a health care power of attorney, designating a person authorized to make medical decisions for that person if he or she is incapacitated. It’s a good idea to execute a health care power of attorney in the event you’re living will fails to include an unexpected health care situation that simply was not covered in your living will. Please feel free to contact the attorneys at Hildebrand Law if you have any other questions regarding living wills in Arizona.

By: Chris Hildebrand

In the event that a person does not create an estate plan and nominate someone to take over his or her finances, and that person later becomes unable to manage their financial affairs, the state of Arizona has setup what is called a conservatorship. A conservatorship is a legal court proceeding for the person that is going to take over your finances must file a petition with the court to apply and qualify to become your conservator. If the court approves the person to become your conservator, the court will then issue an order granting that person the legal authority to transact business on your behalf, including your financial accounts, real estate, and motor vehicles. When someone is appointed by the court as a conservator, he or she must account to the court for the money that is spent on your behalf each year. What that means is, the conservator has to prepare and file an annual accounting and submit it to the court. It is then reviewed by the court accountant and either approved, or the court accountant can ask for further clarification. And, with each annual accounting, there is a filing fee that must be paid to the court to have the court accountant review the accounting. There is a very easy way to avoid all of this. All you have to do is contact Owens & Perkins to create an estate plan before you actually need it. Included in every estate plan is a financial power of attorney, where you get to select the individual or trust company that will manage your money if you become unable. If you would like to schedule a consultation to discuss either filing for a conservatorship, or to create your own estate plan, please call us at Owens & Perkins at (480) 994-8824.

If you are seeking a Conservatorship in Arizona, please visit this profile and submit a contact form.

By: Attorney Michelle Perkins

My name is Michelle Perkins and I am the managing partner of Owens & Perkins in Scottsdale, Arizona. Owens & Perkins is a general practice law firm providing legal representation for family law matters, criminal matters, estate planning, probate, trust administration, and trust litigation. The firm has been serving the valley of the sun since 1967 and that’s a pretty long time. I am partners with my grandfather, C.D. Owens. He is on my mothers’ side. People always ask if either of my parents are lawyers and the answer is no. For some reason, the lawyer gene skipped a generation. C.D. and I became partners in 1996 and as they say, the rest is history. One of the frequent compliments we get from clients of the firm is that they feel like they’re treated like family. We take pride in our work and we take our obligations to the community very seriously. When C.D. first started practicing in Scottsdale in 1967, he was one of a handful of lawyers. Now, we have thousands. C.D. represented people back in the day and they fell in love with him. From there, they had children and we represented them. Now, they have had children and we represent them too. We literally have generations representing generations. We know that legal battles can be frightening. We have been there for our clients since 1967 and we treat people fairly and honestly. If you want a law firm that you can count on, that treats you like part of the family, please call us at Owens & Perkins at (480) 994-8824.

By: Attorney Michelle Perkins